- The implementation of the curfew ordinances for minors in three local governments was temporarily suspended by the Supreme Court (SC)
- The local governments of Manila, Quezon City, and Navotas were ordered by the SC to address the petition filed by youth group Samahan ng Progresibong Kabataan (SPARK)
- According to the youth group, the right to liberty and the right to travel of minors are being deprived by the implementation of the curfew ordinance
Three local governments in Metro Manila - Manila, Quezon City, and Navotas - were temporarily stopped by the Supreme Court last Tuesday from implementing their curfew ordinances for minors.
With the petition filed by the youth organization Samahan ng Progresibong Kabataan (SPARK), the Supreme Court has ordered the three local governments to review and comment on the said petition. The high court added that they have 10 days to comply upon the receipt of the resolution.
(Photo credit: news.abs-cbn.com)
After the en banc (full court) session of the Supreme Court last Tuesday, it stated, “The Court, acting on the Petition for Certiorari and Prohibition with Application for a Temporary Restraining Order challenging the “Curfew Ordinances” of the three local governments…issued a TRO effective immediately and until further orders enjoining the three local government units from implementing and enforcing the ‘curfew ordinances’.”
However, SPARK in its petition said that the implementation of curfew ordinances in Manila is not in line with Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006.
According to the abovementioned Republic Act, curfew violations are included in the list of status offenses which “refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.”
Further, it is only allowable for the curfew to take place if there is no penalty that will be imposed on the minors who were caught violating the ordinance.
The youth group also pointed out that there is a need for minors who were caught to face a sanction of a reprimand for the youth and also an authoritative counsel by the parent or guardian of the minor.
(Photo from inquirer.net)
The right of minors to liberty and travel were also being deprived by the curfew ordinance as argued by the youth organization. Moreover, the petitioners added that the natural and primary right of parents in rearing their own children are being deprived by the ordinance. - Kami Media